HomeMy WebLinkAbout942583
REC.EIVED '1/30¡ZOO8a(:, f. ~pm
RECEIVING # 942583
BOOK: 706 PAGE: 24
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ASSIGNMENT OF WATER WELL USE AGREEMENT
FOR VALUE RECEIVED,
MATTHEW R. MALONEY, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY, OF 310 Sunny Heights, Idaho Falls, ID 83404
Assigns and transfers to
CHRISTOPHER L. SCHAEFER, AS SOLE OWNER
All beneficial interest under that certain Common Water Well Use Agreement dated the
22nd day of September, 2006 and recorded in the office of the Lincoln County Clerk,
Lincoln County, Wyoming on September 26, 2006 in book 634, page 865, inst # 922778
regarding a Common Well Agreement, Evans Well #1, UW Permit 85122 for lots 76 and
77 Leon Livingston Subdivision, Lincoln County, Wyoming (See Attached Exhibit "A")
Dated this ?j¡;::{J'í. )-5 , 2008
On ~ -as- , 2008, personally appeared before me MATTHEW R.
MALONEY the signer(s) of the within instrument, who duly acknowledged to me that
HE executed the same,
State of W~~\\'\u,
County of \....\: .-b\ 'f'\ ~
Residing: ~~~
Expires: _
CHERYL A. JONES - NOTARY PUBUC
County of i& State 01
Lincoln . Wyoming
My Commission Expires Feb. 4, 2009
ASSIGNMENT OF WATER WELL USE AGREEMENT
@ ,~lltle'
___ (9mpaRY
SINCE 1904
FOR VALUE RECEIVED,
Western Production & pumping Inc" Retirement Trust, Jeff G. Atwood, Trustee and
Susan Atwood, Trustee hereby grants, assigns and transfers to ('Oô025
Matthew R Maloney, a married man as his sole and separate property, of 310 Sunny
Heights, Idaho Falls, ill 83404,
All beneficial interest under that certain Co~on Water Well Use Agreement dated the
22nd day of September, 2006 and recorded in the office of the Lincoln County Clerk,
Lincoln County, Wyoming on September 26;,2å06 in Book 634, Page 865, Inst #922778
regarding a Common Well Agreement, Evans Well #1, UW Pennit 85122 for Lots 76 &
77 Leon Livingston Subdivision, Lincoln County, Wyoming. (See Attached Exhibit "A")
Dated this
31
day of August, 2007.
WESTERN PRODUCTION & PUMPING INC., RETIREMENT TRUST, dated
February 1, 198 and any amendments thereto
~ /J ~~ -"-
, \- e /......J<-<44.."J...¿øø/ ú"~
Susan Atwood, Trustee
STATE OF WYOMING
COUNTY OF LINCOLN
On ~ ( of August, 2007, before me, a notary public in and for the said county,
personally appeared Jeff G, Atwood, Trustee and Susan Atwood, Trustee the signers of
the within instrument, who duly acknowledged to me that they executed the same,
WITNESS MY HAND AND OFFICIAL SEAL.
. ..
~--:).. rfk-
Notary Public: Kar Wylie
My Commission Expires: (Or S:f~
C~~ENT.WY~~~6Uõ"
County 01 ~ Stat ) 01
Lincoln ~ Wyoming
M~~mmls8Ion Expires
~-~
.
... - -- '" .-..
COPY.
EXHIBIT "A"
_......*-----_.
....--.-.,.-...--.. .'
..---. .... ---
COMMON WATER WELL USE AGREEMENT
Enteredintoagreementthia ..,t-;... dayofJ4/~ ,2006byalldbetween
1EFF G. AlWOOD, and SUSAN AlWOOD, dba WESTERN PRODUCTION &
PUMPING, INC., RETIREMENT TRUST, otherwise herein known as "GRANTORS"
and Owners of that domestic, culinary Water Well, Known as EY ANS WELL III, Permit
No. U.W. 85122 situated within the SEI' SEI' SECTION ]9, TI7N, Rl18WLINCOLN
COUNTY, WYOMING, and more particularly located at the Northwest comer on LOT
1176, (fonnerlyknown as Lot 68), of the Leon Uvingston Subdivision, at 10lEast
Cottage Lane, Alpine, Uncoln County, Wyoming, AND, NICHOLAS 1. SCHACHT
and SHANNON M. WAIT, (both Single people), hereinafter known as "GRANTEES",
and purchaser of Lot 76 fonnedy known as Lot 68, Leon Uvingston Subdivision, AND;
WHEREAS, "GRANTORS" and "ORANTEES", acknowledge the subject water well is
intended for common use by and between the Grantors, and the Grantees, and that upon
closing of the sale of Lot 76 (fica Lot 68), by Grantors, Western Production & Pumping.
Inc., Retirement Trost, to Orante.... Nicholas J. Schscht and Shannon M. Watt; that tho
well ahaJJ become a "Common Water Well" for the common use and ellioyment of both
parties and or their Assigns on a perpetual basis thereafter.
]. "ORANTOR" & "ORANTEES" Granting to esch other, access (ingrosa & ogn:as) in
and across Lot #76 of the Leon Uvingston Subdivision, including but not limited to the
well pit, pwnp controls, pressure tank, and other components including extensions of
water lines, and well casing and pump, all of which shall be known hereinafter as the
''Water System" including transmission line across Lot 1176 to the existing be standing
hydrant located at the Northwest comer of Lot 1177. Said Access shaJJ be detennined ~
Perpetual Easement, for a width of 20ft. Running along the Easterly and rear ooWldary
line of Lot #76, to allow equipment access as may be necessary for repairs to the system.
2. "GRANTEE" herein accepts full responsibility for operational and maintenance costs
of the "Water System" including transmission line and hydrant, for which "Grantees",
Owners of Lot 76, shall bave fWl use of, UNTIL sucb time as "Grantors" activate fWl use
for Lot 1177.
3. "GRANTORS", or the Owner of Lot 1177 shall commence sharing equal expense of
operation and maintenance of the ''Water System", immediately upon activating regular
or sustained use for a dwelling, or any other purpose that requires daily use of the water.
4 "GRANTORS" and "GRANTEES" Grant to each oftha Lots 76 and Lot 77, a 50'50
Interest or ONE SHARE ofa TOTAL OF lWO SHARES, of said Evans Well #1, UW
Pennit # 85122 and Granting right of way for access to well together with reciprocity of
Easement. Further, that each shareholder iflimited to no more than ONE
CONNECTION to the main line for use in Ono Domestic Family unit or dwelling.
Continued.
. .
...- --.------.-- -- -'
t;'c..:
Ü00026
-.. ~··4_ -__.._____.4._"__.
._. __. 0. _. ~..._.._ _..
~. Common Well Agreement, Evans Well #1, UW Pemùt85122 LoI3 76 & 76 Leon
Livingston Subdivision, Lincon County, Wyoming.
12. Amendments:
This Agreemènt may be changed or amended by an agreement in writing signed by both
parties only.
13. Bindin2 Aereement to Heirs Successors. and or Assims:
This Agreement shall binding to the heirs, successors and Or Assigns of both parties, and
the Well and Water System ate deemed to go with the land, for specific assignment to
Lot #76 and Lot #77 of the Leon Livingston Subdivision.
14. Attornev Fe~: ,
Both Parties agree herein, should they default in any of the covenants or agreements
herein, the defaulting party shall pay all reasonable costs and expenses, including a
reasonable attorney's fee, wlúch may arise ftom enforcing the Agreement.
15. EFFECTVR DATE:
This Agreement shaU take effect immediately upon the successful closing of the pending
sale between the "ORANTORS" and "ORANTEES" for the purchase oiLot 76 where
Subject Water well and Water System are in place.
Signed on dûs ~ day of .5.i/r~ tJ£~ ,2006
ORANTEE'S
t~~
Ni~~
Shannon M. Watt
STATE OF WYOMING
COUNTY OF -¡T:n>N
The foregoing instrument was acknowledged before me tlùsl2:..day of S'~~ ~
2006, by JeffG.Atwood, Susan Atwood, Nicholas 1. Schact, and Shannon . Watt.
WITNESS my hand and official seal.
(Seal )
f - ~ KÄÃeÑ T. ÝÍYue"':ÑòTARYPu~
, r:nunty o( A Stal. 01 ¡
.: tlncoln "'" Wyoming ~
. ¡.,. :"'",ml..lon ëxplr.. tf!fl.1JOd,;
.. ....~.............-: ~_r..."~.
~2;iC~
My commission expires: t ð / S-:/'2.<:J0'1
... ____..__.4 ~ _
OOô027